Chuck says:
"The proposed changes RADICALLY changes the relationships in leases between the
lessee and lessor. It creates a situation where leases no longer end. Once
you have leased a property for a period of time you MUST renew the lease."
The ordinance says that there are 10 reasons you do not have to renew the
lease. You do have to offer to renew to good tenants. This is a problem,
because?
Sec. 193.05. Just cause notice for tenants.
(a) Just cause notice. A landlord may not issue a notice
terminating tenancy unless the landlord is able to establish one or more of the
following grounds:
(1) Non-payment of rent. The tenant fails to Cure the
Deficiency after receiving a non-payment notice from the landlord, and the
landlord does not pursue a valid non-payment eviction action under Minn. Stat.
§ 504B.291, subd. 1(a), but decides to terminate tenancy at the end of the
lease.
(2) Repeated late payment of rent. The tenant repeatedly
makes late payments of rent, no fewer than five times in a 12-month period. The
landlord must provide the tenant with notice following a late payment that a
subsequent late payment may be grounds for termination of tenancy. If the
tenant continues to make a late payment on no fewer than five occasions per
year, the landlord must give the tenant notice to vacate at least equal to the
notice period outlined in the original lease agreement terms.
(3) Material non-compliance. After receiving a written
notice to cease from the landlord, the tenant continues, or fails to Cure the
Deficiency, to a material breach of the lease. This subsection shall not
diminish the rights of a landlord, if any, to terminate a lease for actions
permitted under Minn. Stat. § 504B.281, et seq.
(4) Refusal to renew. The tenant refuses
to renew or extend the lease within fifteen to thirty days after the landlord
requests in writing, after the lease expires, that the tenant do so. The
landlord shall give the tenant notice to vacate at least equal to the notice
period outlined in the original lease agreement terms following the tenantâs
refusal to renew or extend the lease. This subsection shall in no way diminish
the fifteen to thirty day notice period as required by Minn. Stat. 504B.145 for
leases with automatic renewal provisions.
(5) Occupancy by property owner or family member. The
property owner, in good faith, seeks to recover possession of the dwelling unit
so that the property owner or a family member may occupy the unit as that
personâs principal residence. The property owner or family member must move
into the unit within 90 days from the tenantâs vacation. If a substantially
equivalent replacement unit is vacant and available, that unit must be made
available to the tenant at a substantially similar rental rate as the tenantâs
current lease.
(6) Building demolishment and dwelling unit conversion. The
landlord (i) elects to demolish the building, convert it to a cooperative
provided the landlord complies with the provisions of Minn. Stat. Ch. 515B, or
convert it to nonresidential use; provided that, the landlord must obtain a
permit necessary to demolish or change the use before terminating any tenancy,
or (ii) the landlord seeks, in good faith, to recover the unit to sell it in
accordance with a condominium conversion, provided the landlord complies with
the provisions of Minn. Stat. Ch. 515B, or (iii) the dwelling unit is being
converted to a unit subsidized under a local, state or federal housing program
and the tenant does not qualify to rent the unit under that program.
(7) Rehab and renovation. The landlord seeks, in good
faith, to recover possession of the dwelling unit that will render the unit
uninhabitable for the duration of the rehabilitation or renovation. The
landlord must provide 90 daysâ written notice to the tenant, and shall provide
Relocation Assistance to the tenant upon delivery of the written notice. If a
substantially equivalent replacement unit is vacant and available in the
building, that unit may be made available to the tenant at a substantially
similar rental rate as the tenantâs current lease.
(8) Complying with a government order to vacate. The
landlord is complying with a government agencyâs order to vacate, order to
abate, or any other order that necessitates the vacating of the dwelling unit
as a result of a violation of Saint Paul city codes or any other provision of
law.
(9) Occupancy conditioned on employment. The tenantâs
occupancy is conditioned upon employment on the property and the employment
relationship is terminated.
(10) Exceeding occupancy. Tenant exceeds the occupancy
standards under City of Saint Paul Code 34.13, except for that no tenant may be
evicted, denied a continuing tenancy, or denied a renewal of a lease on the
basis of familial status commenced during the tenancy unless one year has
elapsed from the commencement of the familial status and the landlord has given
the tenant six months prior notice in writing, except in case of nonpayment of
rent, damage to the premises, disturbance of other tenants, or other breach of
the lease. Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is
contrary to public policy and void.